Ridgeway Dynamo & Engine Co. v. Pennsylvania Cement Co.
Supreme Court of Pennsylvania
Appeal, No. 238, Jan. T., 1907, by defendant, from judgment of O. P. Northampton Co., Deo. T., 1905, Nó. 31, on verdict for plaintiff in case of the Ridgeway Dynamo & Engine Company v. Pennsylvania Cement Company. Assumpsit for breach, of contract. Before Scott, P. J. At the trial when Wm.
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Appeal, No. 238, Jan. T., 1907, by defendant, from judgment of O. P. Northampton Co., Deo. T., 1905, Nó. 31, on verdict for plaintiff in case of the Ridgeway Dynamo & Engine Company v. Pennsylvania Cement Company. Assumpsit for breach, of contract. Before Scott, P. J. At the trial when Wm. M. Beach, a witness for defendant, was called, the following offer was made: Mr. Smith : We propose to show by this witness that at the time the contract was executed and simultaneous with the time that the contract was executed, there was an oral understanding between the parties, which oral understanding…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The Ridgeway Dynamo and Engine Company entered into a written contract to furnish to the Pennsylvania Cement Company, two automatic center crank engines to be delivered for the net sum of 83,000. The contract provided for certain special features as to the main bearings and a particular form of cross head, and for certain other special parts as applied to the type of engine which was ordered ; the result of the requirements being apparently the production of an engine not in gen*164eral demand and not readily salable. After the engines had been partly constructed the…
2Cases cited1 opinion
- Keller v. CohenSupreme Court of Pennsylvania · 1907
3Cited by24 opinions
- Gross v. Exeter Machine Works, Inc.Supreme Court of Pennsylvania · 1923
- Hill & MacMillan, Inc. v. TaylorSupreme Court of Pennsylvania · 1931
- Tranter Manufacturing Co. v. BlaneySuperior Court of Pennsylvania · 1915
- Tate-Jones & Co. v. Union Electric Steel Co.Supreme Court of Pennsylvania · 1924
- Horwath v. SimonSuperior Court of Pennsylvania · 1928
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